HomeMy WebLinkAboutO-1994-1967
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ORDINANCE NO. 94- 1967
AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN
THE CITY OF LA PORTE AND HARRIS COUNTY, FOR A PUBLIC FISHING PIER
AT SYLVAN BEACH PARK; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in SUbstantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subj ect matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 94~1967
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of March, 1994.
By:
CITY OF LA PORTE
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Mayor
ATTEST:
'LL---.
Sue Lenes,
City Secretary
-
w. Askins,
Attorney
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RECEI~ JUN 2 4 1994
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COMMISSIONER
(713) 221-6220
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NORTH CHANNEL ANNEX 1/26
14350 W ALLISVILLE ROAD
HOUSTON. TEXAS 77049
(713) 455-8104
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l'-Iarch 24, 1994
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AGENDA ITEM
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harT 1 s Co....n <:, i
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HOUStOt1, TX. 77002
Deal Cour~ Mem08(S:
Prec',nct iwo i"12r'coy SUOfiii't.5 for approval a;';G 8.>\E:(......~.-:(,;(::I.,G
attached -iease agreelTlent w',ti'l the City of ;"a?ol-~e for' tne
construction anG oper'ation of a pier at. Sj~'iall 8e;;-.;::,i', ,:'a...;.... 'i;,
LaPorte, 7exas.
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PRESENTED TO ~
, Commissioners Court -An
APR 1 2 1994 ~
Date - _,_'r--'
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LEASE AGREEMENT
THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
THIS AGREEMENT made and entered into pursuant to V.T.C.A., Government Code
~791.001 et seq. (the Interlocal Cooperation Act) and V.T.C.A, Local Government Code
~332.021, by and between the City of La Porte, a municipal corporation under the laws of the
State of Texas, hereinafter referred to as "the City," and Harris County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as "the County;"
WIT N E SSE T H:
WHEREAS, it is to the mutual benefit of the City and the County to provide public
parks for the residents of the City and the County; and
WHEREAS, the City is willing to reconstruct, operate and maintain a public fishing
pier, hereinafter called "pier," at Sylvan Beach Park, a Harris County Park, located in the City
of La Porte; and
WHEREAS, the County has provided to City the plans and specifications for the
reconstruction of the pier with no representation or warranty as to the suitability of same; and
WHEREAS, the City is willing to determine whether the reconstruction of the pier is
subject to the requirements of 42 D.S.C. ~12.101 et seq. (The Americans With Disabilities
Act), V.A.C.S., Art. 9102, as amended, and other applicable laws; and
WHEREAS, the City is willing to modify the plans and specifications to the extent
required by applicable laws relating to the reconstruction of the pier;
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
benefits to both parties, it is agreed as follows:
1.
Subject to the terms and provisions hereinafter set forth, County has rented and leased,
and by these presents does rent and lease, unto the City, for the term of thirty-two (32) years,
beginning April 1, 1994, and ending March 31,2026, (unless sooner ended in accordance with
the provisions hereof), the following described premises situated in Harris County, Texas, to-
wit:
A 20 feet wide strip of land 10 feet on both sides of the herein described
centerline out of the Sylvan Beach Park on Galveston Bay in the City of La
Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County,
Texas, and being more particularly described as follows:
Beginning at a set P.K. Nail marking the intersection of the centerline of an
existing wooden fishing pier and a wooden bulkhead.
Thence, in a Northwesterly direction, along the centerline of said wooden
fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the
Southeast side of an existing parking lot for the POINT OF TERMINUS;
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hereinafter called the "premises," together with the right to use, along with
other users of Sylvan Beach Park, the parking lot adjoining the premises, and
the rights of ingress and egress to Bayshore Drive.
II.
Within thirty days after the execution of this agreement, the City, at City's expense,
shall modify the plans and specifications for the reconstruction of the pier to the extent
required by applicable laws, and shall commence to obtain all necessary permits from the State
of Texas, acting by and through the School Land Board and the Commissioner of the General
Land Office, the U.S. Army Corp of Engineers, and any other state or federal regulatory
agency having jurisdiction over the reconstruction and operation of the pier, and the City shall
do any and all other things necessary or required for the reconstruction of the pier. This
Agreement is subject to all of the requirements of the State of Texas, acting by and through the
School Land Board and the Commissioner of the General Land Office, the U.S. Army Corp of
Engineers, and any other state or federal regulatory agency having jurisdiction over the
reconstruction and operation of the pier. Notwithstanding anything herein to the contrary, or
that may be construed to the contrary, it is understood that the termination date of this
Agreement shall be the date the City ceases to meet the requirements of the State of Texas, the
U.S. Army Corp of Engineers, and any other state or federal regulatory agency having
jurisdiction over the reconstruction and operation of the pier, or March 31, 2026, whichever is
sooner. After the modification of the plans and specifications, obtaining of permits for the
reconstruction of the pier and doing all things necessary or required for the reconstruction of
the pier, the City shall notify the County of such fact, after which time the County shall
furnish to City, at County's sole cost and expense, at the Sylvan Beach Park site, all of the
materials required to re-build the pier, in accordance with the plans and specifications so
modified.
III.
After receipt of the materials from the County pursuant to Paragraph II, the City shall
commence to construct, or cause to be constructed, the pier in accordance with the plans and
specifications provided by the County. City shall construct the improvements in a manner so
as to be visible to operators of marine craft at all times, and not constitute a hazard to
operators of marine craft. City shall begin making improvements to the pier within one year
from the approval of this Agreement by the County's Commissioners Court.
IV.
(a) City will establish an escrow account, into which City shall deposit two thirds
(2/3) of all gross receipts from patrons using the pier. The purpose of this escrow account is
to establish a self-insured fund for the future repairs to the pier, or for restoration of the pier in
event of damage or destruction to the pier, either from natural or other causes, which repairs
and restoration the City shall perform. City will continue to deposit, into the escrow account,
two thirds (2/3) of all gross receipts from patrons using the pier, until the escrow account
reaches a balance in an amount that produces buying power equivalent to $60,000.00 in the
year 1993, said balance being hereinafter called "the $60,000.00 equivalent." During the term
of this Agreement, the $60,000.00 equivalent, as used herein, shall mean an amount that
would produce buying power equivalent to $60,000.00 based on the change, if any, in the
Houston, Texas, Average Consumer Price Index-All Urban Customers ("CPI-U"). The
calculation of the increase, if any, is set forth in subparagraph (t) below. In the event the
balance in the escrow account falls below the $60,000.00 equivalent, the City shall promptly
commence depositing two thirds (2/3) of all gross receipts into said escrow account so as to
increase the balance to the $60,000.00 equivalent. After the escrow account reaches a balance
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of the $60,000.00 equivalent, the City shall pay to County one-third (1/3) of the gross
receipts, as hereinafter defined. On or before the tenth (10th) day of January, April, July and
October, during the term of this Agreement, the City shall compute and pay to the County,
without demand, at the Office of the County Treasurer, the County's one-third (1/3) portion of
the gross receipts which are not required to be deposited by City into the escrow account,
covering the immediately preceding three month period. City shall accompany each payment
with a sworn statement, certifying as true and correct, the amount of gross receipts collected
pursuant to this Agreement for the immediately preceding three month period.
(b) The terms "gross receipts", as used herein, shall include all money, and the
market value of all property and services received for entrance to or use of all or any part of
the pier. The term "gross receipts" includes the receipts from all sales, leases and rentals of
personal property of every kind and nature including, but not limited to, food, beverages,
equipment, supplies and services, received on or at the premises and pier. The term "gross
receipts" shall not include bona fide gifts and donations but shall include gifts and donations
which are solicited and/or received upon any representation (express or implied) or pretext that
the donor or some third party is or will be entitled to entrance to or use of all or any part of
the pier.
(c) City shall maintain an accounting system and records, which will clearly and
accurately reflect the collection of the gross receipts.
(d) County shall have the right, at any reasonable time to be determined by the
Harris County Auditor, to make periodic audits and inspections of the City's records of the
gross receipts collected pursuant to this agreement.
(e) City shall operate and manage all concessions and collections of gross receipts
on the pier, in accordance with Paragraph XII herein. The amount of the fee charged for
admission on the pier shall not exceed $5.00 per person, unless the prior approval of the
Commissioners Court of County is obtained. All other fees, rates and prices charged shall be
subject to the prior approval by the Commissioners Court of County. City shall post a
schedule of such fees, rates and prices at all times in a conspicuous place on or near the pier.
(f) On each anniversary date of this agreement, the $60,000.00 equivalent will be
adjusted by multiplying $60,000.00 by a fraction, the numerator of which is the CPI-U for the .
immediately preceding calendar year, and the denominator of which is the CPI-U for the year
1993. The resulting number shall be the $60,000.00 equivalent for the year commencing on
said anniversary date. In the event the Consumer Price Index is discontinued, the Consumer
Price Index shall thereafter mean such index of prices published by the U.S. Government as
most nearly approximates the Consumer Price Index now published.
For Illustrative Purposes Only:
1994 CPI-U = 121.5
1993 CPI-U = 114.4
represents a 6.2 % increase
Example: If the amount of the $60,000.00 equivalent is $60,000.00 and the
increase required is 6.2 %, then the amount of escalation required
would be $3,720.00 ($60,000.00 x 6.2% = $3,720.(0), and the
amount of the new $60,000.00 equivalent for the new year of the
Agreement would be $63,720.00 ($60,000.00 + $3,720.00).
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V.
On or before January 31 of each year during the term of this Agreement, the City shall
furnish County with a detailed annual audit of the operation of the pier and premises, setting
out the amount of gross receipts, the amount deposited in the escrow account, and the amount
paid to the County, in a form approved by the Harris County Auditor, covering the previous
calendar year or portion thereof.
VI.
During the term of this agreement, the City will maintain the premises and pier in good
repair and will supply, at its sole expense, all labor, materials, supplies and equipment
necessary for the operation of the pier and premises. Repairs, costing collectively up to and
including $5,000.00 on an annual basis, may be made without the consent of the County,
provided, however, City will furnish written documentation of said minor changes to the
County Engineer within thirty days after making such changes and repairs. Any repairs or
improvements which collectively cost in excess of $5,000.00 annually will require prior
approval by the County Commissioner of the precinct in which the park is located. City shall
not make any additional improvement, additions or alterations to the pier or premises not
provided for in Paragraph II above, without the prior written consent of County. In the event
City desires to make any design changes, changes, additions or additional improvements to the
premises or pier, City shall submit detailed plans and specifications for same, in advance, to
the County Engineer for approval.
VII.
City will neither place, nor cause to be placed, any sign, projection, advertisement, or
device of any kind whatsoever in said park or upon the sidewalks or streets within the park
without the prior written consent of the Commissioners Court or the County Commissioner in
whose precinct the park is located. City shall remove any and all said signs, projections,
advertisements or devices within thirty (30) days after termination of this agreement, whether
by expiration of the term or for any other reason.
VIII.
County shall have the right to enter upon the pier and premises at any time for the
purpose of inspecting the pier, premises and improvements located thereon to insure that City
is properly maintaining same.
IX.
The County may lock the gates to Sylvan Beach Park at such times as the park is not
open to the general public, and the City shall have no rights hereunder during such times that
Sylvan Beach Park is closed to the general public.
X.
During the term of this agreement, City shall (a) pay all utilities on or for the pier and
premises, and (b) provide police and fire protection at the pier and premises.
XI.
In its performance under this agreement, the City shall observe and comply with all
applicable federal, state and local laws, rules and regulations.
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XII.
City may enter into an agreement with a qualified and responsible person for the
operation, management, and routine maintenance of the premises and pier. Any such
agreement by City with such operator, shall be expressly subject to (1) the terms and
provisions of this agreement and (2) the prior written approval of the Commissioners Court of
the County.
XIII.
City will purchase and maintain during the term of this agreement a comprehensive
general liability insurance policy to cover City and County for any liability in connection with
the use of the premises with coverage in the amounts of not less than One Hundred Thousand
Dollars ($100,000.00) for injuries or death to anyone person, not less than Three Hundred
Thousand Dollars ($300,000.00) for injuries or death to more than one person in anyone
accident or occurrence and not less than One Hundred Thousand Dollars ($100,000.00) for
damage to or destruction of property in anyone accident or occurrence, or in the amounts of
the County's maximum limitation of liability under the Texas Tort Claims Act, as amended.
City shall furnish the County either the original policies or certificates that such insurance is in
full force at all times during the term of this agreement. At all times during which the balance
of funds in the escrow account is an amount less than the $60,000.00 equivalent, the City shall
also maintain fire and extended coverage insurance in an amount sufficient to cover the cost of
materials and labor to rebuild the pier in the event of damage or destruction of same, either
from natural or other causes.
XIV.
City shall not allow any liens or any other encumbrances to attach to the premises.
XV.
In the event of damage or destruction of the pier and premises, whether partial or total,
City may elect to restore the pier and premises, using the proceeds of the escrow account, plus
other City funds as necessary, or City may elect to terminate the agreement, in which event
City will pay to the County, out of the escrow account, an amount deemed sufficient by the
Harris County Engineer to restore the pier, after which time the City shall refund one-half
(112) of the remaining balance in the escrow account to the County pursuant to Paragraph XVI
below.
XVI.
Either the City or County may terminate the term of this agreement, with or without
cause, at any time, by giving to the other party hereto at least ninety (90) days advance written
notice of its intention to do so, specifying therein the effective date of such termination. At
the termination of this agreement, whether by lapse of time or under any of the conditions or
provisions contained herein, the pier and all other improvements in the premises will become
the property of the County, and City will (1) peaceably and quietly yield up and surrender the
said premises and pier to the County, and (2) remit to the County, without demand, within
thirty days of said termination, one-half (112) of the balance of funds in the escrow account,
provided, however, if in the sole opinion of the Harris County Engineer, the pier is damaged
or in need of repairs or restoration at the time of such termination, then and in that event, the
City shall pay to the County, out of the escrow account, the amount deemed sufficient by the
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Harris County Engineer to restore the pier, after which time the City will refund one-half (112)
of the remaining balance in the escrow account to the County.
XVII.
Any notice permitted or required by County to City may be given by depositing the
same in the United States mail, registered, return receipt requested, with postage and registry
fee prepaid, and addressed to City at the following address, to-wit:
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Attention: City Manager
Any notice permitted or required by City to County shall likewise be in writing and
shall be delivered or deposited in the United States mail, registered, return receipt requested,
with postage and registry fee prepaid, and addressed to the County at the following address,
to-wit:
Harris County Commissioners Court
Harris County Administration Building
1001 Preston, 9th Floor
Houston, Texas 77002
Attention: Clerk of Commissioners Court
XVIII.
County reserves the right to grant permits and easements across the premises for the
purpose of providing utilities, provided, however, that such utilities do not unreasonably
interfere with the City's use of the premises.
XIX.
The County has set aside the materials, contemplated for the construction of the pier,
from its present inventory of materials, and the County does not contemplate incurring any
further or additional expense for materials pursuant to this agreement.
XX.
In the event of the County's default hereunder, the sole remedy of the City shall be to
terminate this Agreement.
XXI.
This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any representations or modifications
concerning this Agreement shall be of no force or effect excepting a subsequent modification
in writing signed by all parties hereto.
IN TESTIMONY WHEREOF, this instrument has been executed in duplicate
counterparts, each to have the force and effect of an original as follows:
(a) It has been executed on behalf of the County on the IJ-tY- day of
~ ' 1994, by the County Judge of Harris County, Texas,
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(b)
pursuant to an Order of the Commissioner's Court of Harris County, Texas,
sitting as the governing body of Harris County, authorizing such execution; and
It has been executed on behalf of the City on the 14th day of
March , 1994, by its Mayor and attested by its City Secretary,
pursuant to Ordinance of the City Council of the City of La Porte, authorizing
~uch execution.
ATIEST:
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SUE ENES, City Secretary
CITY OF LA PORTE
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By: / '??7::tf,dl~?/
7'NORMAN. LONE, Mayor
COUNTERSIGNED:
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By: . ::;'f'1
JEFF urCHFIELD
Director of Finance
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
HARRIS COUNTY
By: -pjt~ 8-,./;~",d..."--J
WILLIAM R. BRUYERE
Senior Assistant 'County Attorney'
Registered with me this
day of
, 1994.
J .E. McCAIN
Building Superintendent
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ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE
A LEASE AGREEMENT BETWEEN HARRIS COUNTY
AND THE CITY OF LA PORTE
THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
On this, the Jd<tt... day of
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, 1994, the Commissioners Court
of Harris County, Texas, sitting as the governing body of Harris County, Texas, upon motion
of Commissioner
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seconded by Commissioner
~
, duly put and carried;
IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby, authorized to
execute a Lease Agreement between Harris County and the City of La Porte, for the
construction, operation and maintenance of the fishing pier at the Sylvan Beach Park, upon the
terms and conditions as provided for in this Lease Agreement, being hereby referred to and
made a part hereof for all purposes as though fully set forth herein.
PRESENTED TO
CommissionciS Court
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
I hereby certify that the attached and foregoing is a true and correct copy of
Ordinance 94-1967, passed and approved by the City Council of the City of La Porte
at the Regular Meeting of Council held March 14, 1994, at which meeting a majority
of the City Council was present and voted in favor of the passage of said ordinance,
and notice of which meeting was properly posted according to law, prior to the date
of such meeting, as said minutes appears on record in the minutes of said meeting.
To certify which, witness my hand and Seal of Office, this the 23rd day of
February, 1994.
S~fL~
Sue Lenes
City Secretary
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ORDINANCE NO. 94- 1967
AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN
THE CITY OF LA PORTE AND HARRIS COUNTY, FOR A PUBLIC FISHING PIER
AT SYLVAN BEACH PARK; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subj~ct of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 94-1967
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of March, 1994.
CITY OF LA PORTE
By:
)k/A~
'Nbrman L.v a 0 e,
Mayor
ATTEST:
LL
Sue Lenes,
City Secretary